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How to Survive a 12-Hour Road Trip with Opposing Counsel (1 Ethics Credit) Presented by: Brian Nichols, Paul Spruhan & Christina West.

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Presentation on theme: "How to Survive a 12-Hour Road Trip with Opposing Counsel (1 Ethics Credit) Presented by: Brian Nichols, Paul Spruhan & Christina West."— Presentation transcript:

1 How to Survive a 12-Hour Road Trip with Opposing Counsel (1 Ethics Credit) Presented by: Brian Nichols, Paul Spruhan & Christina West

2 If I served as a legal clerk for the Navajo Nation Supreme Court, can I appear before the same Court? Rules 1.12 and 1.11

3 Should I agree to appeal a district court decision if I know it will take 3 years to decide when the collateral at issue is depreciating? Rule 3.2

4 What can I charge my client for attending a Navajo hearing in Idaho? Rules 1.5 and 1.8(f)

5 In a Navajo Nation Supreme Court hearing at a law school, can I address the eager law students rather than the formidable panel of judges?

6 When my client sells its interest in the litigation and the buyer wants to hire me, is there a conflict? Rules 1.7 and 1.9

7 If I have to drive the vehicle shared by opposing counsel, do I get to control the AC/heater?

8 In a case about jurisdiction, how should I respond to questions from the Navajo Nation Supreme Court about what my client’s obligations are to the public? Rules 1.6 and 3.3

9 Do I have to offer to share my airport/Auntie Anne’s pretzel with opposing counsel?

10 I think settlement is in my client’s best interest, but my client is resistant. What can I do? Rules 1.2 and 2.1

11 If opposing parties in litigation are seeking information or action from my neutral client that might create an additional conflict, what are my ethical obligations? Rules 4.1 and 1.4

12 I found out that co-counsel is part owner of our mutual client. Can he represent an entity in which he has an ownership interest? Rules 1.7(b) and 1.8

13 Can I take a different legal position before the Navajo Nation Supreme Court than my previous position in the District Court if it is in the best interest of my client? Rules 1.1, 3.1 and 3.3

14 What are my ethical obligations when I act as local counsel with co-counsel appearing pro hac vice? Rules 1.2, 1.3, 14 and 5.5


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